||All England Reporter
|| All ER (D) 27 (Jan)
||Court of Appeal, Civil Division
Rix and Maurice Kay LJJ
||Richard Menzies (instructed by Barrett & Co, Blewbury) for the claimant.
||Steven Ford (instructed by Vizards Wyeth) for the defendant.
||12 January 2005
Practice and procedure - Payment into court - Permission to withdraw or reduce payment - District judge refusing defendant's application to reduce payment - Circuit judge allowing defendant's appeal against refusal - Correctness of decision - CPR Pt 36, SI 1998/3132.
In the circumstances of the case, in allowing the defendant's appeal against the refusal of the district judge to allow it to reduce its Pt 36 offer following the discovery that moneys had been paid out to the claimant under an insurance policy, the approach of the circuit judge had been correct and he had been entitled to reach the conclusion which he had.
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